Karnataka High Court
Smt. Chandadevi vs Mphasis Ltd. on 18 December, 2020
Author: S R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER 2020
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
CIVIL MISCELLANEOUS PETITION No. 116 OF 2019
BETWEEN:
SMT. CHANDADEVI
W/O UGAMACHAND JAIN
AGED 58 YEARS
OCC.HOUSEHOLD
FLAT NO.9, ARIHANT NAGAR
OPP. HARINATHA TEMPLE
KESHWAPURA, HUBBALLI
DHARWAD DISTRICT - 580 023 ... PETITIONER
(BY SRI.V.P. KULKARNI, ADV.)
AND:
MPHASIS LTD.
MPHASIS ANPH COMPANY LTD
BAGMANE WORLD TECH CENTRE
MARATHAHALLI, OUTER RING ROAD
DODDANKUNDI VILLAGE
MAHADEVAPURA
BENGALURU - 560 048
REP. BY ITS CHIEF
EXECUTIVE OFFICER ... RESPONDENT
(BY SRI. DHANANJAY VIDYAPATI JOSHI, ADV.)
THIS CMP IS FILED UNDER SECTION 11(6) OF THE
ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO
APPOINT ANY SOLE ARBITRATOR TO ARBITRATE THE DISPUTE
IN RESPECT OF THE TRANSACTIONS ENTERED BETWEEN
THEM BYU VIRTUE OF LEASE DEED DATED 29TH APRIL 2013 AS
PER CLAUSE 20 VIDE aNNEXURE-A, IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
THIS CMP COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
2
ORDER
Heard the learned counsel for petitioner and learned counsel for the respondent.
2. The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner-Smt. Chandadevi against the respondent- Mphasis Ltd., seeking an appointment of an Arbitrator in pursuance of Clause-20 of the Lease Deed vide Annexure- A dated 29.04.2013.
3. Clause-20 of the said Agreement, which is an Arbitration clause reads as under:-
"20. Dispute Resolution:
Any dispute arising out of or relating to this Deed, or any breach or alleged breach thereof, except for fraud, misappropriation etc. shall be finally settled by an arbitral tribunal appointed by mutual consent of the Parties and in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Bangalore and the language shall be in English. Subject to the above, competent courts in Bangalore shall have exclusive jurisdiction to deal with any disputes or claims between the Parties arising out of this Deed. The recourse under arbitration provision 3 shall not be relevant for acts done or omitted to be done through the negligence or misconduct or fraud or misappropriation of or his/her/its agents, action initiated/taken by statutory authorities with respect to the Premises as a result of which the Lessee's peaceful possession."
4. It is submitted that the requisite notice of request for reference to arbitration was given by the petitioner to the respondent vide Annexure-E dated 06.10.2017. Annexure-D is the postal receipt. No reply has been sent by the respondent to the said notice. Hence, the petitioner is before this Court by way of this petition to appoint the Sole Arbitrator to resolve their disputes.
5. Learned counsel for the petitioner submits that the deficit stamp duty and penalty as directed in the report dated 02.11.2020 has been deposited by the petitioner before this Court vide Demand Draft bearing No. 351850 dated 09.12.2020 drawn on Kotak Mahindra Bank in the name of the Registrar General, High Court of Karnataka, Bengaluru. Accordingly, the objection of the respondent regarding insufficiency of the stamp duty of lease deed at 4 Annexure - A dated 29.04.2013 is hereby complied with by the petitioner.
6. Registry is directed to send lease deed along with details of the aforesaid payment of the duty and penalty of Rs.10,200/- by the petitioner on Annexure - A dated 29.04.2013 to the jurisdictional District Registrar, Dharwad for necessary endorsement in this regard. The District Registrar is directed to return back the lease deed to the Registry of this Court immediately upon making necessary endorsements.
7. The Registry is also directed to transmit / transfer the aforesaid sum of Rs.10,200/- to the aforesaid jurisdictional District Registrar, Dharwad.
8. The material on record indicates that dispute between the parties arises out of lease deed at Annexure - A dated 29.04.2013 executed between the petitioner - landlord and respondent - tenant. Having regard to the decision of the Apex Court in the case of Vidya Drolia & Others vs. Durga Trading Corporation - Civil Appeal 5 No.2402/2019 dated 14.12.2020, I deem it fit and proper to refer the matter to arbitration.
9. In view of the aforesaid facts and circumstances coupled with the submissions made by the learned counsel from both sides, since the Arbitration clause exists in the aforesaid agreement entered into between the parties and an arbitrable dispute also exists, this Court is of the opinion that the present petition deserves to be allowed under Section 11 of the Act and an independent Arbitrator deserves to be appointed.
10. Both the learned counsel have fairly agreed to the appointment of Sri.M.Nagarajan, Retired Judicial Member, Central Administrative Tribunal, to act as the sole Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bangalore.
11. Accordingly, this petition under Section 11 of the Act, 1996 is disposed of by appointing Sri.M.Nagarajan, 6 Retired Judicial Member, Central Administrative Tribunal, to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing in the said Arbitration and Conciliation Centre.
(i) All claims and contentions of any of the parties including jurisdiction, limitation, etc., are left/kept open to be decided by the Arbitral Tribunal.
(ii) A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter, on administrative side and also to Sri.M.Nagarajan, Retired Judicial Member, Central Administrative Tribunal, to the address available with the said Arbitration and Conciliation Centre (Domestic & International), Bengaluru.7
(iii) Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.
Sd/-
JUDGE MH/-